Roads Regulation 2018

This instrument organises around several recurring legal and administrative concepts. Each of the following is defined or operationalised within the Regulation and tied to specific clauses.

• Roads authority and application scope: The Regulation applies to public roads and classified roads that are not public roads (cl 4). Schedule 1 declares particular roads and areas for which TfNSW or other agencies are the roads authority (Sch 1). Many powers and duties are exercised by a “roads authority” under the Act; the Regulation prescribes how those powers are to be exercised in specified circumstances (for example, temporary closures, naming, ferry operation).

• Safety, obstruction and protection offences: Clauses 8-18 contain general duties and specific prohibitions aimed at protecting road structure, road users and public safety. Penalties are set as penalty units up to 30 penalty units depending on the offence (for example, cl 14(1) jumping from bridges, max penalty 30 penalty units; cl 8(1) placing dangerous items, max 20 penalty units).

• Temporary road closure and consultation procedures: A roads authority must give at least 7 days’ public notice of an intention to close a public road in exercise of functions under Part 8 of the Act, by local newspaper or website and conspicuous notices along the road; emergency closures are excepted (cl 5(1)-(2)). Naming or renaming a road requires publication, notification to a list of “relevant parties” and a right for anyone to make written submissions; a roads authority (other than the Minister) may not proceed against a relevant party’s objection without Ministerial approval (cl 7).

• Tolling regime: Part 3 sets out driver obligations to pay, operator disclosure obligations, objection and review procedures, equipment tampering offences, and operator powers to direct traffic on tollways (cl 19-36). Clause 19(3) requires toll operators to publish a specified set of information on their websites, and clause 19(2) extends payment requirements to terms and administrative charges. Clause 80 treats unpaid tolls as debts recoverable from the registered operator.

• Administrative review and objection mechanics: Clauses 21-22 create a two‑tier administrative pathway: an initial objection to the toll operator within 60 days (cl 21(2)), and an internal review by a reviewer who was not substantially involved in the original decision, with specified timeframes for decisions (cl 22).

• Authorised officers and directions: Clauses 35-36 and 76 define authorised officers’ powers and duties: authorised officers may give directions about regulation of traffic and safety on tollways (cl 35); toll operators may place notices that have legal force when properly displayed and legible (cl 36); classes of authorised officers are prescribed in cl 76, and identification requirements for some authorised officers are imposed (cl 76(2)).

• Intersections with other statutes and agencies: The Regulation operates alongside other NSW laws, expressly incorporating definitions and delegations under the Act, the Road Transport Act 2013, Privacy and Personal Information Protection Act 1998, Crown Land Management Act 2016, Service NSW Act 2013, Real Property Act 1900 and others (see multiple cross‑references throughout, e.g., cl 3 definitions and cl 25, cl 74-75, cl 78).

• Data disclosure powers: Clauses 78 and 78A authorise TfNSW and the Service NSW CEO respectively to require toll service providers to disclose specific forms of information (account numbers, tag numbers, number‑plates, participation in schemes, payment periods and, for clause 78A, email addresses and ABN/ACN), for very specific statutory purposes (determining motor vehicle tax exemptions, registration fee waivers and toll relief rebates). Each clause expressly authorises the disclosure by the toll service provider.

• Crown road instalment purchase mechanics: Schedule 2 prescribes a three‑instalment payment plan, due dates (first instalment one month from invoice, second 12 months after first instalment due, third 24 months after first instalment due), interest formula, estate in fee simple subject to conditions until payment completion, restrictions on dealing (no sale, mortgage, subdivision, or transfer until instalments paid), maintenance and insurance obligations, and forfeiture on default with publication in the Gazette (Sch 2 cl 3-7).

• Fixed penalty notices: Schedule 3 converts many offences into penalty notice offences with specified dollar amounts, linking each offence in the Regulation to a monetary penalty option (Sch 3).

These concepts are enforced through a mixture of criminal penalties by reference to penalty units, the availability of penalty notices with fixed dollar amounts, civil debt recovery mechanisms for unpaid tolls (cl 80), administrative directions and notices, and powers to publish notices and keep registers (for exemple in naming roads cl 7(5)).

The Regulation designates responsibilities and effects across several discrete categories of actors. The clauses identify who pays, who decides, who must act, and who is subject to regulatory oversight.

• Road users and drivers: Drivers are required to pay tolls when passing toll points (cl 19(1)), must not drive in ways that damage roads (cl 9-11) or leave vehicles unattended on tollways (cl 29), must follow directions of traffic controllers (cl 6(4)) and authorised officers (cl 35(2)), and must take steps to remove broken down vehicles from tollways (cl 31).

• Vehicle owners and registered operators: The Act (referenced in cl 19 note) makes vehicle owners liable for offences under cl 19 unless the vehicle was stolen or the owner nominates another person, and clause 80 permits toll operators to recover unpaid tolls from the registered operator as a debt.

• Toll operators and toll service providers: Toll operators must publish detailed information about tolls, charges, payment methods and objection procedures on their websites (cl 19(3)); may set terms and administrative charges (cl 19(2)); must process objections within 14 days and permit internal review (cl 21-22); may display directional notices that acquire legal force if properly displayed and legible (cl 36). Toll service providers (defined in cl 33 and cl 78) are authorised and required, in specified circumstances, to provide TfNSW or the Service NSW CEO with detailed account information, including payment history and identifiers (cl 78, 78A), for specific statutory purposes.

• Roads authorities: Roads authorities exercise a variety of decision powers and duties: giving notice of road closures (cl 5), erecting signs, approving placement of items on roads (cl 8(2)(c)), naming or renaming roads with required notification and consultation (cl 7), operating ferries and setting timetables (cl 55-57), publishing ferry notices (cl 56), and granting exemptions from provisions in many Divisions (cl 49). Schedule 1 also assigns roads authority status for particular road segments to named entities (Sch 1).

• Police and authorised officers: The Regulation prescribes classes of authorised officers who can exercise functions under the Act and Regulation (cl 76), but Part 3 does not apply to police officers or authorised officers acting in their capacity as such (cl 37). Some authorised officers must wear uniforms or visible identity cards when exercising functions in the presence of persons on tollways (cl 76(2)).

• Bridge and tunnel operators and maritime masters: Operators of opening bridges must display navigation lights and coordinate with vessel masters regarding signalling, timing and passing procedures (cl 50-53). Bridge operators have powers to regulate traffic for opening/closing events (cl 46).

• Ferry operators and passengers: Roads authorities operating ferries must publish timetables and notices (cl 55-56). Ferry operators have direction powers to regulate embarking/disembarking, to refuse service for safety reasons, and must keep gates closed while vessels move (cl 65, 66). Ferry passengers must follow operator instructions and pay charges (cl 58-64).

• Purchasers of Crown roads by instalments: Individuals or entities buying Crown roads under Schedule 2 are affected by the three‑instalment payment structure, title transfer mechanics, conditions restricting dealings with the land until instalments are paid, maintenance and insurance obligations, and the forfeiture regime on default (Sch 2).

• Public sector agencies and ministers: The Minister may fix maximum fees for toll services by Gazette order (cl 33). TfNSW and the CEO of Service NSW have statutory capacity to require toll service provider information for narrowly defined purposes (cl 78, 78A). The Regulation prescribes which public authorities are “public authorities” for the Act’s Dictionary (cl 77).

• Relevant parties for naming roads and notifications: Clause 7 lists specific relevant parties that must be notified when naming or renaming roads, including Australia Post, Registrar‑General, Surveyor‑General, ambulance and emergency services, VRA Rescue NSW Limited and, for classified roads, TfNSW (cl 7(6)).

The Regulation thereby distributes enforcement and compliance obligations among private individuals (drivers, toll account holders, purchasers), private entities (toll service providers, toll operators), and public authorities (roads authorities, TfNSW, Minister, Service NSW CEO) and prescribes both administrative and criminal enforcement pathways against those actors.

This section summarises the principal legal duties imposed and the rights or administrative remedies the Regulation preserves or creates, with clause citations.

Duties imposed on road users and road‑related actors

• Pay tolls and charges: The driver is obliged to pay any toll or charge when passing a toll point in the manner and time specified by the toll operator, and payment obligations include payment of terms and administrative charges set by the toll operator (cl 19(1)-(2)). Unpaid tolls are recoverable as debts from the registered operator (cl 80).

• Obey traffic controllers and authorised officers: Persons must not disregard reasonable directions of traffic controllers (cl 6(4)), must not contravene lawful directions given by authorised officers regarding regulation of pedestrian and vehicular traffic and tollway safety (cl 35(2)), and must not contravene lawful directions contained in notices displayed under cl 36(3).

• Avoid endangering others or damaging road infrastructure: Prohibitions include placing items likely to injure persons or damage vehicles or restrict road use (cl 8(1)), driving in a manner that causes damage to roads or tethers animals capable of causing damage (cl 9), dragging things likely to cause damage (cl 10), driving vehicles in a state of disrepair (cl 11), etc.

• Compliance for bridge and ferry operations: Owners/operators must comply with specific requirements such as lighting navigation lights (cl 50), controlling traffic for opening bridges (cl 46), ferry operators keeping gates closed while in motion and ensuring secure mooring before embarkation/disembarkation (cl 66), and displaying required notices and timetables (cl 55-56).

Duties on toll operators and toll service providers

• Disclosure and information publication: Toll operators must publish specified, detailed information on their websites in relation to each tollway (cl 19(3)). Toll service providers are authorised, and may be required by TfNSW or the Service NSW CEO, to provide specified detailed account and payment information for defined statutory purposes (cl 78, 78A). The toll operator must deal with toll objections within defined timeframes and provide for internal review (cl 21-22).

• Equipment protection: Persons must not tamper with toll collection equipment without reasonable excuse (cl 20).

Duties and constraints on purchasers of Crown roads by instalment

• Timing and payment: The sale price is payable in three equal instalments with specified due dates (Sch 2 cl 3(1)-(3)). Interest accrues on unpaid money under an explicit formula (Sch 2 cl 3(6)). Purchasers must pay other monies due on the first instalment date (Sch 2 cl 3(4)).

• Restrictions until payment completion: Contracts include conditions preventing sale, mortgage, subdivision, consolidation, creation of easements without consent, and the purchaser may not transfer land until all instalments are paid (Sch 2 cl 5-6). Purchasers must maintain improvements and, if required, insure improvements with an approved insurer (Sch 2 cl 6(d)).

Rights and procedural safeguards

• Objections and internal review: Individuals who have paid, or are required to pay, tolls may object to the imposition or amount of a toll within 60 days of incurring liability; toll operators must decide within 14 days, and if dissatisfied the objector may apply for an internal review within specified windows (cl 21-22). The reviewer must be someone not substantially involved in making the original decision and must make a decision within 21 days (cl 22(6)-(7)).

• Administrative discretion with publication constraints: A toll operator may waive a toll or charge in respect of a particular vehicle or class (cl 19(5)). The Minister may fix maximum fees a toll service provider may charge a toll operator by Gazette order (cl 33).

• Exemptions: Roads authorities may grant written exemptions, unconditional or subject to conditions, from operation of any provision of the Division or particular clauses (cl 14(2), cl 49). Clause 26 lists vehicles exempt from tolls for most tollways and provides a separate mechanism for Sydney Harbour Bridge/Tunnel exemptions under section 215 orders.

• Title and recording mechanics: Purchaser has an estate in fee simple subject to recordings and Act/Regulation provisions; roads authority must lodge documents with Registrar‑General to record the incomplete purchase interest as soon as reasonably practicable after the transfer date (Sch 2 cl 4(1)-(2)).

Enforcement rights and remedies

• Penalties and penalty notices: Many offences attract maximum penalties in penalty units (e.g., cl 14(1) 30 penalty units). Schedule 3 lists many offences as penalty notice offences with dollar amounts for immediate civil enforcement (Sch 3). Unpaid tolls are a debt recoverable by toll operator (cl 80), a civil remedy distinct from criminal penalties for some toll‑related offences.

• Forfeiture on default for instalment purchasers: The roads authority may declare forfeiture in Gazette notice if a purchaser fails to make an overdue payment within 30 days of a letter of demand; forfeiture vests the land in the Crown and forfeits payments other than purchase price payments (Sch 2 cl 7).

These duties, rights and remedies create both criminal and civil enforcement pathways, administrative review mechanisms, contractual and property consequences for Crown road purchasers, and statutory data disclosure rights for government agencies dealing with tolling data.

The Regulation uses three overlapping enforcement mechanisms: criminal offences with penalty‑unit maximums, fixed penalty notices (Schedule 3), and civil remedies (debt recovery and forfeiture). The instrument specifies classes of authorised officers and procedural timeframes to support enforcement action.

Criminal penalties and maximums

• Many clauses attach maximum penalties expressed in penalty units. Examples include: cl 14(1) (jumping onto/from bridges) maximum 30 penalty units; cl 41 (endangering stability of bridge or tunnel) maximum 30 penalty units; cl 8 maximum 20 penalty units; cl 9 maximum 10 penalty units; several tollway safety offences carry up to 20 penalty units (for example cl 29(1), cl 31). These maximum penalties stand alongside the option of issuing penalty notices for some offences (Sch 3).

Penalty notices: Schedule 3

• Schedule 3 converts a long list of the Regulation’s offences into penalty notice offences for the purposes of s 243 of the Act and specifies the amount payable under each penalty notice. The schedule includes many key offences and dollar amounts, for instance: clause 8(1) and (3) $694; clause 14(1) $960; clause 15 $960; clause 19(1) $231; clause 29(1) $694; clause 41 $960; clause 44 $960. The schedule is subject to amendment history recorded in the Sch 3 footer.

Civil enforcement and recovery

• Unpaid tolls are recoverable as debts by a toll operator from the vehicle’s registered operator under clause 80. This gives a civil remedy that does not require criminal conviction for recovery of tolls or charges.

• For incomplete Crown road purchases, Schedule 2 sets out administrative forfeiture: if a purchaser fails to make an overdue payment within 30 days of a letter of demand, the roads authority may by Gazette notice declare the purchase forfeited (Sch 2 cl 7(1)). Forfeiture vests the land in the Crown if not already vested and forfeits monies paid other than payments of the purchase price (Sch 2 cl 7(4)). The roads authority may seek registration changes with the Registrar‑General to reflect forfeiture (Sch 2 cl 7(5)).

Direction and notice enforcement

• Authorised officers have power to give directions regarding regulation of traffic and tollway safety (cl 35(1)). Contravening a lawful direction given under cl 35 or a lawful direction contained in a properly displayed notice under cl 36 attracts a maximum penalty of 20 penalty units (cl 35(2), cl 36(3)) and many are penalty notice offences (Sch 3).

• Toll operators may display notices containing directions regarding traffic and safety (cl 36). For those notices to have legal effect they must be prominently displayed and clearly legible to the persons to whom they apply (cl 36(2)).

Identification and exercise of powers

• Some authorised officers (those under cl 76(1)(e) in respect of tollways, the Sydney Harbour Tunnel or Bridge) may exercise functions only if wearing a uniform issued by the toll operator or a clearly visible identity card (cl 76(2)). This is an evidentiary condition to the lawful exercise of the power in the presence of persons affected.

Procedural safeguards for administrative enforcement

• Toll operators must follow specified objection and internal review procedures (cl 21-22). A toll operator must deal with an objection within 14 days (cl 21(3)); internal review applications have their own timeframes (cl 22(1)-(4)), and the reviewer must be someone not substantially involved in the original decision (cl 22(6)). These procedures create administrative steps that a toll operator must follow before escalation.

Evidentiary and technical measures

• The Regulation prescribes technical security indicators for toll camera photographs for the purpose of section 250A(2)(b) of the Act (cl 23); it prescribes a 90‑day inspection period for toll camera information (cl 24) and identifies particular classes of persons who may be given toll camera information (cl 25), cross‑referencing the PPIP Act for law enforcement and public sector agencies.

Enforcement overlap and multiplicity of remedies

• An unpaid toll may expose the registered operator to civil debt recovery (cl 80) and may also attract a penalty notice if the driver contravenes cl 19(1) for not paying a toll (cl 19(1) is itself a penalty notice offence under Sch 3 at $231). The Regulation thus creates distinct avenues to secure payment and impose sanctions.

The Regulation provides a combination of criminal sanctions, civil debt recovery and administrative forfeiture, supported by specified identification, notice and review procedures that constrain enforcement exercise and procedural timelines that toll operators and roads authorities must respect.

The Regulation is heavily cross‑referenced with the Roads Act 1993 (the Act) and numerous other NSW statutes. The Regulation implements and operationalises functions under the Act and establishes specific cross‑statutory data sharing or application mechanisms.

Direct interactions and incorporations

• The Regulation is made for the Act: it repeatedly references the Act and incorporates provisions of the Act into its operation. For example, cl 4 states the Part applies to a public road and to a classified road that is not a public road. Clause 34 expressly applies section 101 and Division 3 of Part 9 of the Act to tollways operated by TfNSW or NSW Motorways, treating references to public roads in those provisions as references to the tollway and references to roads authorities as references to TfNSW or NSW Motorways (cl 34(1)-(2)).

• Definition cross‑references: cl 3 imports definitions from the Road Transport Act 2013 for “vehicle” and “motor vehicle” and points to the Act and the Interpretation Act 1987 for interpretative provisions (cl 3(1) and Note).

Interplay with privacy and information legislation

• Clause 25 prescribes to whom toll camera information may be divulged for the purpose of section 250A(5)(e) of the Act, specifically naming the Minister, “a law enforcement agency within the meaning of the Privacy and Personal Information Protection Act 1998”, and “a public sector agency within the meaning of the Privacy and Personal Information Protection Act 1998”. This frames disclosure powers by reference to the definitions and protections in the PPIP Act.

• Clause 78 and 78A operationalise data flows between toll service providers and TfNSW or the Service NSW CEO, authorising disclosure of account information and payment histories to government agencies for explicitly stated statutory purposes (determining entitlement to motor vehicle tax exemptions, registration fee waivers and toll relief rebates). Each clause defines the scope by reference to the relevant taxation or registration instruments (cl 78(2) references the Motor Vehicles Taxation Regulation 2016 and cl 78(2A) references the Road Transport (Vehicle Registration) Regulation 2017). Clause 78A similarly ties the CEO’s function to the Service NSW Act 2013.

Administrative and property law cross‑overs

• Schedule 2 (Crown road purchases by instalment) interlocks with land registration legislation: it requires lodging of documents with the Registrar‑General and references the Torrens Register and the General Register of Deeds (Sch 2 cl 4-7), thereby operating in the space of property transfer and registration under the Real Property Act 1900 and Conveyancing Act 1919 (Sch 2 definitions and notes).

• Clause 74 prescribes classes of persons who may be given certificates of authority for purposes of section 172(2)(f) of the Act, referencing certificates issued under the Crown Land Management Act 2016 and the role of a Public Service senior executive in the Department of Planning and Environment.

Interactions with other operational legislation and authorities

• Clause 7 requires roads authorities to notify a defined list of “relevant parties” when renaming roads; that list includes Australia Post, Registrar‑General, Surveyor‑General and emergency services,linking road naming to postal addressing, land titles, surveying and emergency service operations (cl 7(6)).

• The Regulation cross‑refers to the Summary Offences Act 1988 for the operation of public assembly controls: cl 48(2) states that the clause does not affect Part 4 of the Summary Offences Act 1988, and cl 79(1)(b) and the definition of ineligible event cross‑reference the Summary Offences Act.

Delegations and agency roles

• Clause 78 defines TfNSW to include the CEO of Service NSW in the exercise of “customer service functions” (cl 78(5)(a)) and delegates information‑gathering to other persons to whom TfNSW may have delegated those functions (cl 78(5)(b)). Clause 78A similarly provides for delegation of the CEO function.

Ministerial orders and Gazette instruments

• Clause 33 grants the Minister power, by order published in the Gazette, to fix maximum fees that toll service providers may charge toll operators. Clause 7(5)(a) requires the roads authority to publish the new road name in the Gazette. Schedule 2 refers to Gazette notice for forfeiture under Sch 2 cl 7. These references create a mechanism for formal rule changes and notices by Gazettely instrument.

Relationship to the Road Transport Act 2013

• The Regulation borrows definitions and enforcement mechanics that feed into the Road Transport Act 2013. For example, cl 19’s note references s 244 of the Act making the owner of a vehicle guilty of an offence under the clause unless certain conditions apply; cl 80 recasts unpaid tolls as recoverable from the registered operator as defined in the Road Transport Act 2013. These cross‑links anchor toll‑related liabilities inside the broader road transport registration framework.

Taken together, the Regulation approaches road, tolling, bridge and ferry governance by layering regulatory requirements and processes across multiple statutes and agencies. It prescribes particular data disclosure powers for specified administrative purposes while anchoring property and title consequences for Crown road purchases into land registration systems.

The Regulation text records a number of insertions and amendments with itemised marginal notes. The key amendment and commencement points visible in the text provided are:

• Commencement and repeal of previous Regulation: The Regulation commenced on 1 September 2018 and replaced the Roads Regulation 2008, which was repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989 (Commencement note, cl 2).

• Clause‑level amendment notes visible in the text:

  • Clause 7 carries the marginal note "cl 7: Am 2025 No 48, Sch 2.12", indicating an amendment in 2025.
  • Clause 34 is annotated "cl 34: Am 2025 (306), Sch 1[1] [2]", indicating amendment action in 2025.
  • Clause 48A (Major bridge, tunnel or road) was inserted in 2022 and carries amendment notes showing successive amendments and insertion dates: "cl 48A: Ins 2022 (103), sec 3. Am 2022 (125), sec 3; 2022 (136), sec 3(1)-(3)."
  • Clause 76 (Authorised officers) shows "cl 76: Am 2025 (285), Sch 1[1]" indicating amendment in 2025.
  • Clause 78 contains "cl 78: Am 2019 (197), cl 3 (1) (2)." indicating amendments in 2019.
  • Clause 78A was inserted in 2022 with "cl 78A: Ins 2022 (714), Sch 1."
  • Clause 79 shows substitution in 2022 and amendment in 2023: "cl 79: Subst 2022 (815), sec 3. Am 2023 (681), Sch 1[1] [2]."
  • Clause 72: "cl 72: Am 2022 (368), Sch 1[1]."
  • Clause 73: "cl 73: Am 2022 (368), Sch 1[1]."
  • Clause 74: "cl 74: Am 2020 No 30, Sch 4.90[2]; 2022 (368), Sch 1[2]."
  • Clause 75: "cl 75: Am 2020 No 30, Sch 4.90[3]. Subst 2022 (368), Sch 1[3]."
  • Clause 76 and Sch 3 have later amendment notes referencing 2025 instruments: Sch 3 footer lists amendments across 2019-2025: "sch 3: Am 2019 (245), Sch 1; 2020 (287), Sch 1; 2021 (328), Sch 2; 2022 (339), Sch 1.8; 2023 (550), Sch 8; 2024 (263), Sch 8; 2025 (285), Sch 1[2]; 2025 (308), Sch 8."

• Schedule inserts and cessations:

  • Schedule 1 (Roads authorities) carries "sch 1: Am 2020 No 30, Sch 4.90[4]."
  • Clause 8A and other potential insertions are not present in the provided text; only the clauses shown carry amendment notes.

• Instrumental insertions:

  • Clause 78A was inserted as a new clause in 2022 (Ins 2022 (714), Sch 1), expanding the list of information that can be requested and supplying a new statutory pathway for the CEO of Service NSW to obtain tolling data for toll relief rebates.

• Transitional and savings provision:

  • Clause 82 (Savings) provides that acts, matters or things that had effect under the Road Regulation 2008 immediately before repeal are taken to have effect under this Regulation (cl 82). This is a standard saving provision accompanying the repeal and replacement.

The marginal amendment notations present in the provided text identify the year and instrument numbers for changes and insertions. The text does not provide the full amending instrument texts, only the insertion and amendment markers, so the precise content changes must be read against the amending instruments themselves. The Regulation, as published, consolidates several subsequent amendments into the current text (including insertions in 2019, 2020, 2022, 2023 and 2025 as marked).

The Regulation text supplied contains no citations to judicial decisions, no schedule of cases, and no express references to litigation outcomes or judicial interpretations. The instrument itself does not record any case law or litigation history within its provisions.

As a statutory instrument, its enforcement and interpretation will occur through application under the Act and related statutes in administrative or judicial forums. The Regulation provides procedural rights and administrative review mechanisms (for example, objection and internal review of toll decisions at cl 21-22) that may be the subject of later litigation or administrative appeals, but the text supplied contains no reported decisions, declaratory judgments or tribunal findings, and no clauses are annotated with judicial citations.

Users seeking litigation history relevant to these clauses must therefore consult case law databases, tribunal records and decisions applying the Roads Act 1993 and this Regulation. The Regulation itself establishes the statutory framework and the administrative pathways that would frame any litigation but does not summarise litigation outcomes.

The Regulation contains practical points that are easy to miss and that create operational or compliance consequences. These items are drawn from the express clauses and marginal notes in the Regulation text.

• Publication and legibility conditions make notices legally significant: For many powers to have legal effect the Regulation requires notices to be “conspicuously displayed” or “prominently displayed” and “clearly legible” (cl 5(1), cl 7(1), cl 36(2)). A direction contained in a notice has legal force only if those display and legibility conditions are met (cl 36(2)-(3)). Failure to meet display standards can nullify the legal force of a direction.

• Penalty‑notice amounts versus maximum penalty units: Clauses state maximum penalties in penalty units, but Schedule 3 assigns specific penalty notice dollar amounts that do not necessarily equal the full monetary equivalent of the maximum penalty. For example, cl 19(1) carries a maximum penalty of 5 penalty units, but Sch 3 lists a $231 penalty notice for cl 19(1). Enforcement exposure therefore may vary depending on whether authorities proceed by penalty notice scheme or criminal prosecution.

• Multiple enforcement pathways for unpaid tolls: Unpaid tolls are both civil debts recoverable from the registered operator (cl 80) and the failure to pay may be an offence under cl 19(1) that attracts a penalty notice (Sch 3). These are alternative tools available to a toll operator and underscore that payment outcomes can be pursued by civil recovery in addition to penal enforcement.

• Special provisions for Sydney Harbour Bridge and Tunnel: Clause 26(2) creates a separate exemption mechanism for the Sydney Harbour Bridge and Sydney Harbour Tunnel (vehicles in a class specified by order under section 215 of the Act). Clause 38 also applies the tollway Part to those specific assets "as if a toll or charge for using the Sydney Harbour Tunnel or the Sydney Harbour Bridge were a toll or charge for using a tollway",but clause 34 (application of s 101 and Div 3 of Part 9 of the Act) does not apply to tollways operated by operators other than TfNSW or NSW Motorways (cl 34(3)). That means some provisions apply differently depending on who operates the tollway.

• Data disclosure scope is purpose‑limited but broad in identifiers: Clauses 78 and 78A authorise disclosure of detailed identifiers (account numbers, tag numbers, number‑plates, and for cl 78A also email addresses, ABN/ACN) and payment histories for specific fiscal years and purposes. Those clauses authorise toll service providers to disclose information and permit TfNSW/CEO to require information (cl 78(1), cl 78A(1)-(3)). The clause, however, sets the purpose narrowly,entitlement to specified tax exemptions or rebates,and ties the request to specific financial years (cl 78(1)(a), cl 78A(1)(a)).

• Timeframes and administrative milestones: Many obligations have precise time limits. For toll objections an objection must be made within 60 days of incurring liability (cl 21(2)); toll operators must deal with objections within 14 days (cl 21(3)); internal review applications have 14 or 28 day windows depending on the circumstances and the reviewer must decide within 21 days (cl 22). Missing timeframes can affect rights to review.

• Restrictions on purchasers of Crown roads until all instalments paid: Schedule 2 makes clear that purchasers do not enjoy an unfettered title until all instalments are paid. Contracts automatically include conditions preventing sale, mortgage, subdivision or creation of rights without roads authority consent until instalments are paid (Sch 2 cl 5(a)). Forfeiture mechanics can be triggered by a single overdue payment after a 30‑day letter of demand (Sch 2 cl 7). Purchasers should be aware of the conditional nature of the interest in fee simple until completion.

• Administrative discretion with broad exemptions: Roads authorities may exempt any person or class of persons in writing from operation of any provision of a Division (cl 49) and cl 14(2) permits roads authorities to exempt persons from the jumping‑from‑bridge prohibition. The availability of wide exemption power means that practitioners should check for granted exemptions in specific cases.

• Authorised officer identification conditions: Where the authorised officer is an employee or agent of a toll operator, they can exercise functions only if wearing a uniform issued by the toll operator or a clearly visible identity card (cl 76(2)). Failure to wear required identification may affect the lawfulness of the function when exercised in the presence of affected persons.

• Differences between “roads authority” and operator responsibilities: The Regulation assigns duties to different actors,roads authority, toll operator, TfNSW, Minister,so it is essential to identify the correct decision‑maker. For example, cl 34 applies certain Act provisions to tollways operated by TfNSW or NSW Motorways but not to tollways operated by other toll operators (cl 34(3)).

• Security indicator and inspection period specificity for toll camera photographs: Clause 23 prescribes as security indicators MD5 algorithm outputs (series of 32 characters, or series of 48 of which 32 are MD5), and cl 24 prescribes a 90‑day inspection period for toll cameras in relation to section 250A(3)(b) of the Act. Those technical specifications can be decisive in disputes over image authenticity and inspection timing.

These items are explicit in the Regulation and are operational‑level details that drive compliance obligations, timing, evidentiary strategy and risk allocation.

Below are practical, clause‑based steps and compliance checkpoints tailored to the principal obligations in the Regulation. Each action references the relevant clause so that implementers can map compliance tasks to statutory text.

Roads authorities , procedural and publication duties

• Temporary road closures: Give at least seven days’ public notice of an intended road closure under Part 8 of the Act, by publishing in a local newspaper or on the roads authority’s website and by erecting conspicuous notices along the road (cl 5(1)). Keep records of publication and dated photographs of erected signs to demonstrate compliance. For emergencies no prior notice is required, but maintain internal incident reports documenting the emergency basis (cl 5(2)).

• Naming and renaming roads: Publish the proposal in a local newspaper or on the roads authority website and notify all relevant parties listed in cl 7(6). Specify how submissions are to be made and the deadline. Retain and consider written submissions and, if proceeding over the objection of a relevant party (other than the Minister), obtain Ministerial approval (cl 7(1)-(5)).

• Ferry timetables and noticeboards: Fix and publish timetables and charges where appropriate, display noticeboards at access points with the particulars listed in cl 56(2) (name, operator, timetable, charges, capacity, restrictions). Ensure timely publication of temporary ferry closures and conspicuous display at access points (cl 55-57).

Toll operators and toll service providers , publication, objection handling, data sharing

• Website disclosure obligations: For each tollway, publish on the toll operator’s website the items listed in cl 19(3) including toll amounts and calculations, administrative charge amounts, payment windows, payment methods, terms and conditions, objection procedures, and the statutory offence warning. Keep dated website snapshots or records to evidence compliance.

• Objection handling and internal review: Establish internal processes to accept and record written objections within 60 days of liability (cl 21(2)). Decide and notify objectors within 14 days of receiving the objection,options are reimbursement, waiver or dismissal (cl 21(3)). Provide a documented internal review pathway with designated reviewers not substantially involved in the original decision, ensure internal review applications are accepted within the time windows (cl 22(3)-(4)), and ensure reviewers determine matters within 21 days and provide written notice (cl 22(7)).

• Toll equipment protection and incident logs: Implement access control and monitoring measures for toll collection equipment; maintain incident logs for any interference and investigate promptly. Remember that tampering without reasonable excuse is an offence (cl 20). Maintain compliance records and CCTV where appropriate.

• Responding to TfNSW/CEO information requests: Toll service providers should maintain searchable records of account numbers, tag numbers, number‑plates, payment histories and participation in specified schemes for the financial years referenced (cl 78(1), cl 78A(1)). Implement secure channels to disclose this information to TfNSW or the CEO when lawfully required, and maintain logs of any disclosures. Note that cl 78(4) and cl 78A(3) expressly authorise disclosure; ensure internal privacy assessments and legal sign‑off are in place before disclosure.

Authorised officers, traffic controllers and signage

• Traffic controller training and identification: Ensure traffic controllers engaged by a roads authority or contractor have completed an approved traffic control training course as required (cl 6(2)), and that they wear a badge or distinguishing mark clearly indicating they are a traffic controller (cl 6(3)). Maintain training records, ID issuance, and an attendance log.

• Authorised officer identification: For authorised officers who are employees or agents of a toll operator exercising functions in the presence of affected persons, ensure they wear the required uniform or a clearly visible identity card when performing duties (cl 76(2)).

• Notices and directions: When placing notices intended to have legal force (cl 36) ensure they are prominently displayed at or near the relevant part of the tollway, and the directions are clearly legible to those persons intended to be bound (cl 36(2)). Keep dated records and photographs of notice placement.

Bridges, opening bridges and maritime signalling

• Opening bridge signalling: Bridge operators must ensure green and red navigation lights indicating port and starboard are displayed to approaching vessels (cl 50). Adopt protocols matching the prescribed signals in cl 52-53 for request, acknowledgement, bridge open and ready‑to‑pass signals. Retain bridge logs documenting signals, calls and vessel communications.

Ferries , operator obligations and passenger controls

• Timetable adherence and notices: Publish timetables and ensure ferry operates at times displayed in the timetable; where no timetable exists, operate when required by demand except in adverse weather or temporary closure circumstances (cl 55(1)-(3)). Ensure conspicuous display of notices at access points containing all particulars required by cl 56(2).

• Safety practices: Keep gates and exits securely closed while the ferry is in motion, ensure secure mooring and gate adjustment before embarkation/disembarkation (cl 66), and keep approaches sufficiently lit during darkness (cl 67). Record maintenance and safety checks.

Crown road purchasers , contractual and payment compliance

• Instalment plan and recordkeeping: For incomplete Crown road purchases with purchase price $1,000 or more, the purchaser must pay in three equal instalments with due dates as prescribed: first instalment due one month from invoice, second due 12 months after the first instalment due date, third due 24 months after the first instalment due date (Sch 2 cl 3(1)-(3)). Ensure timely payment of all other monies on the first instalment date (Sch 2 cl 3(4)). Account for interest calculation on overdue amounts: 8% per year plus the Bank Accepted Bill rate rounded to the second decimal place, accruing daily (Sch 2 cl 3(6)).

• Title and dealing restrictions: Until all instalments are paid purchasers must not sell, mortgage, subdivide, consolidate or transfer the land, or create easements, profits à prendre or restrictions without roads authority consent (Sch 2 cl 5(a), cl 6(g)). Maintain insurance for improvements if required by the roads authority (Sch 2 cl 6(d)(ii)). Be aware that the roads authority will apply to the Registrar‑General to register the incomplete purchase interest as soon as reasonably practicable after the transfer date (Sch 2 cl 4(2)).

• Default and forfeiture procedures: If a letter of demand for an overdue payment is not satisfied within 30 days the roads authority may declare forfeiture by Gazette notice, vesting the land in the Crown and forfeiting monies other than purchase price payments (Sch 2 cl 7(1), (3)-(4)). Maintain clear contact and payment records to avoid trigger of forfeiture.

General compliance and monitoring

• Training and record systems: Entities subject to the Regulation should implement documented procedures, designated compliance officers, training and record retention for notices, publications, objection handling, data disclosure, traffic controller training, equipment maintenance and vessel/bridge logs.

• Privacy and disclosure governance: Because cl 78 and cl 78A authorise and require toll service providers to disclose personal and account identifiers to government agencies for specific statutory purposes, toll service providers should adopt strict internal governance and legal sign‑off to ensure disclosures are made only to the authorised recipient for the authorised purpose, and that records of the disclosure are retained.

• Penalty notice exposure: Review the Schedule 3 table and identify which offences are penalty notice offences and their dollar amounts. Track and log incidents that could trigger penalty notices, and where appropriate consider internal dispute and remediation pathways to avoid penalty notice issuance.

• Check for exemptions and local delegations: Because roads authorities may grant written exemptions (cl 49) and many powers depend on whether the tollway is operated by TfNSW/NSW Motorways versus other toll operators (cl 34(3)), confirm which authority operates the asset and whether any local exemptions exist.

Implementers should keep contemporaneous documentary evidence of all required publications, notice placements, training and decision processes given the Regulation’s reliance on publication, display and time‑driven administrative processes.